Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

YouTube Stars Aren't Above the Copyright Law

Author: Scarinci Hollenbeck, LLC

Date: August 19, 2015

Key Contacts

Back

YouTube is an amazing platform that allows users to upload their own videos, but sometimes people, including entertainers, will use copyrighted music to enhance these videos, which could lead them to be muted or removed, or incite legal action.

Source: http://www.classroominthefuture.com/10-ways-to-use-youtube/

YouTube star Michelle Phan recently reached a settlement with a record label following her use of certain songs in her music videos. She had used songs from artists Kaskade, Deadmau5 and Calvin Harris – all signed to Ultra Records, according to the Hollywood Reporter. Phan has a number of endorsement contracts with companies such as Endemol, L’Oreal Cosmetics and Dr. Pepper, and thus, profits from the videos that she posts to YouTube.

Ultra claimed that Phan received millions of dollars from her videos that used music produced by artists on its label, according to the news outlet. Phan, however, asserted that she had received permission to use the music. She explained that she had market power, and that record labels wanted her to use their music to promote their artists to her legion of fans.

Phan and Ultra ultimately reached a settlement in their legal dispute – though the terms have not been released. However, it is important that other entertainers note that star power and a collection of valuable fans does not make the use of copyrighted music in productions such as YouTube videos all right.

Seeking out royalty-free music to avoid disputes

In general, it isn’t OK to use an artist’s music in a YouTube video, or any other sort of promotional fare, unless the work is in the public domain or the owner has given permission, ReelSEO explained. One exception is royalty free music, which isn’t in the public domain, but can be used freely. For example, Kevin MacLeod runs Incompetech, a website that offers royalty free music for use. ReelSEO actually noted a number of websites that offer royalty free music downloads:

YouTube runs a copyright tracking system called ContentID to detect unlicensed use of certain works such as the songs used by Phan in her YouTube videos. Entertainers who utilize YouTube should be wary of violating any copyrights with their background music, or use of any other sort of copyrighted work.

Mythical copyright workarounds that just aren’t real

Even if a YouTube video isn’t monetized, there’s still a chance that the owner of a song used could force a takedown of the video, ReelSEO explained. This is a reason why it is always important to seek out a license if an entertainer does intend to use potentially copyrighted music in his or her YouTube videos.

Additionally, some YouTube users attempt to diffuse their potential copyright violations by including blurbs in video descriptions that take care to acknowledge the owner of the song and note that there was never any intent of copyright violation. This, however, is not a legal protection, and if the owner of a certain song decides to take action, he or she likely has every right.

To learn more about copyright law, and the use of certain songs or other works in YouTube videos, contact a well-informed lawyer on entertainment law.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know post image

Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]

Author: George McGowan

Link to post with title - "Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know"
Estate Planning for Digital Assets Under New Jersey Law post image

Estate Planning for Digital Assets Under New Jersey Law

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]

Author: Marc J. Comer

Link to post with title - "Estate Planning for Digital Assets Under New Jersey Law"
The Role of Representation and Warranty Insurance in M&A Transactions post image

The Role of Representation and Warranty Insurance in M&A Transactions

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]

Author: George McGowan

Link to post with title - "The Role of Representation and Warranty Insurance in M&A Transactions"
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: George McGowan

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"
Why Every Business Should Conduct an Annual Insurance Coverage Review post image

Why Every Business Should Conduct an Annual Insurance Coverage Review

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]

Author: George McGowan

Link to post with title - "Why Every Business Should Conduct an Annual Insurance Coverage Review"
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!